Legal Definitions - ob non solutum canonem

The Latin legal phrase ob non solutum canonem originates from Scots law. It translates to "on account of unpaid feu duty." Historically, this term referred to the specific legal grounds by which a vassal (a person holding land from a superior landowner) could lose their right to that land. If the vassal failed to pay the annual "feu duty" – a perpetual payment made for the right to hold and use the land – for a specified period (which was initially two years, later extended to five years), the superior could legally reclaim the land. This meant the land would be forfeited back to the original landowner due to the vassal's failure to meet their financial obligation.

Here are some examples illustrating how this legal principle would have applied:

• Example 1: A Family Estate Forfeiture

  Imagine the MacLeod family, in 18th-century Scotland, held a significant portion of their ancestral lands under a feu charter from a powerful clan chief. This charter obligated them to pay an annual feu duty to the chief. During a period of severe economic hardship, the current head of the MacLeod family found it impossible to make these payments for five consecutive years. The clan chief, relying on the principle of ob non solutum canonem, initiated legal proceedings. As a result, the MacLeod family was compelled to forfeit their rights to the land, which then reverted entirely to the clan chief due to their prolonged non-payment of the feu duty.

• Example 2: Commercial Property Reclamation

  Consider a merchant in 19th-century Glasgow who owned a valuable shop and an adjoining dwelling house. This property was held under a feu disposition from the local burgh council, requiring a small but regular annual feu duty. If, due to a series of poor business decisions or personal neglect, the merchant ceased paying this duty for the statutory five-year period, the burgh council could invoke ob non solutum canonem. This legal action would allow the council to reclaim ownership of the commercial property, effectively dispossessing the merchant, because the fundamental condition of the feu — the consistent payment of duty — had been breached.

• Example 3: Agricultural Land Dispute

  Suppose a farmer in rural Scotland in the early 20th century cultivated several acres of land under a feu arrangement with a large estate owner. The farmer's charter stipulated an annual feu duty. Following several years of devastating crop failures and livestock disease, the farmer became unable to meet these financial obligations for the required duration. The estate owner, seeking to consolidate their landholdings, pursued a legal claim based on ob non solutum canonem. Despite the farmer's dire circumstances, the court upheld the estate owner's right to reclaim the farmland, as the legal basis for the farmer's tenure — the payment of feu duty — had been consistently violated.